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NY K80122




November 26, 2003
CLA-2-61:RR:NC:TA:359 K80122

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010; 6110.30.3055; 6110.20.2075

Mr. William Ortiz
S.J. Stile Associates LTD.
181 South Franklin Avenue
Valley Stream, New York 11581

RE: The tariff classification of three women’s cardigans and two jackets from Kenya, Malawi or Vietnam

Dear Mr. Ortiz:

In your letter dated October 23, 2003, you requested a classification ruling on behalf of Cherry Stix, Ltd. As requested, your sample is being returned to you.

Your sample, style L7068/L7078, is a woman’s jacket constructed from 57% cotton, 38% polyester, 5% spandex 2x2 rib knit fabric. The garment features a drawstring hood, long sleeves with rib knit cuffs, a full front zippered opening, kangaroo pockets and a rib knit bottom that provides a tightening at the waist. The country of origin is Kenya.

Style L7137 is a woman’s jacket constructed from 60% cotton, 40% polyester french terry knit fabric. The garment features a hood with mesh trim, long sleeves with rib knit cuffs, a full front zippered opening, kangaroo pockets, a ten-inch tall “3” heat transfer on the front left panel and a rib knit bottom that provides a tightening at the waist. The country of origin is Malawi.

Style L7167 is a woman’s cardigan constructed from 100% polyester mesh knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a hood, long sleeves, kangaroo pockets and an embroidered “55” on the upper left chest. The hood, sleeves and bottom are finished with knit capping. The country of origin is Malawi.

Style L7163 is a woman’s cardigan constructed from 100% polyester mesh knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a hood, long hemmed sleeves, a hemmed bottom and vertical drawstrings at the sides that create a gathered effect and raise the sides of the cardigan. The country of origin is Malawi.

Style 9337J is a woman’s cardigan constructed from 57% cotton, 38% polyester, 5% spandex knit fabric. The garment features a drawstring hood, long hemmed sleeves, a full front zippered opening and a loose fitting bottom finished with knit capping. The country of origin is Vietnam.

The applicable subheading for the jackets will be 6102.20.0010, Harmonized Tariff Schedule of the United States, which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of cotton: women’s. The duty rate will be 16% ad valorem.

The applicable subheading for styles L7167 and L7163 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32.2% ad valorem.

The applicable subheading for style 9337J will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The duty rate will be 16.9% ad valorem.

The jackets fall within textile category designation 335 and are not subject to quota or the requirement of a visa from Kenya or Malawi. Styles L7163 and L7167 fall within textile category number 639 and are not subject to quota or the requirement of a visa from Malawi. Style 93371 falls within textile category designation 339 and is subject to quota and requires a visa from Vietnam. Based upon international textile trade agreements products from various countries are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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